EMAIL: info@okeno-ip.jp
No. 084; Section 3-1-3, 4-1-16: descriptiveness/misdescriptiveness refusal;
LEATHEREDITIONS for furniture etc.;
Appeal No. 2013-650050(February 5, 2014)
Bottom line: The Board found LEATHEREDITIONS is not descriptive or misdescriptive with
respect to furniture and the bringing together of a variety of furniture for the
benefit of others.
The applicant sought
registration of LEATHEREDITIONS as shown below for various furniture in Class 20
and the bringing together of a variety of furniture for the benefit of others in
Class 35.
<Applied-for
mark>
The examiner found
that both “leather” and “editions” are commonly used words. The applied-for mark as a whole means
“leather editions” and it merely indicates the material (quality) of the goods
or quality (contents) of services when used for the designated
goods/services. Therefore, it is
descriptive for goods made of leather and services relating leather items, and
misdescriptive for other goods/services.
The Board noted that
though the mark has different shades, LEATHER and EDITIONS in the applied-for
mark are written in the same size and font, and are visually unified. While LEATHER is a commonly known English
word, EDITIONS is a term commonly used in publishing industry, and the combined
term of these two words is not a familiar English expression. Coupled with the visual bond, the applied-for
mark will not be understood to indicate the quality of the
goods/services.
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